Michigan

A performing rights organization (PRO) must maintain an up-to-date electronic database of its repertoire, including the names of authors, publishers, and copyrighted works. This list must be updated monthly and made electronically available.

Anyone may request to review the list of works and members, and a copy must be provided at cost upon request. The version of the list in place at the time of contract, along with updates, is binding for the duration of the contract. PROs must also maintain a toll-free number for inquiries about licensed works and copyright owners.

Contract and Conduct Requirements

At least 72 hours before executing a contract, the PRO must provide:

• The rate schedule

• Notice of comparable rates from similar businesses over the past 12 months (if requested)

• Notice of the PRO’s legal duties and contact information

• Notice of possible copyright exemptions

• Notice of the right to review member lists (if requested)

• Notice that failure to provide this information violates the statute

Contracts must:

• Be in writing and signed by both parties

• Include the proprietor’s and PRO’s names, addresses, applicable location, duration, and rate schedule

• Default to one-year terms unless otherwise agreed (exceptions apply for trade associations representing many proprietors)

PRO agents must:

• Identify themselves, their organization, and their purpose before discussing contracts,

• Only collect fees authorized by contract,

• Avoid unfair, deceptive, coercive, or retaliatory tactics,

• Inform proprietors of lawful alternatives if alleging copyright infringement.

Remedies for Violations

The act allows proprietors to seek actual damages, attorney fees, injunctive, or other equitable relief for violations. It does not apply to contracts with FCC-licensed broadcasters or investigations under certain Michigan criminal statutes.